Transpacific Industries Pty Ltd

[2014] FWCA 1205

[2014] FWCA 1205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2014/3433)

CLEANAWAY (MELBOURNE CONTAINER SERVICES) ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 18 FEBRUARY 2014

Application for approval of the Cleanaway (Melbourne Container Services) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway (Melbourne Container Services) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transpacific Industries Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 17 February 2014 undertakings were provided by the Company’s Senior Employment Advisor, Mrs R Broanda, in relation to clause 13.5 (Regular Part Time Employees), clause 30.1 (Period of Leave) and the inclusion of the model consultation term. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2014. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

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Annexure A